from the holy-crap dept

Early yesterday morning, I saw that Cecilia Kang at the Washington Post had a story up about the years-long fight for white spaces entitled: Tech, telecom giants take sides as FCC proposes large public WiFi networks. It struck me as odd, because so much in the article seemed... wrong or misleading. The main part about efforts to finally do something with the old TV spectrum isn't anything new at all. We first wrote about the FCC "proposing" this back in 2004 and have covered it a few times since. The FCC has been trying to use some of that TV spectrum for better, more efficient and more useful endeavors. It's been an ongoing battle that feels like it's never going to end. The short version is that TV broadcasters got a ton of free spectrum many years ago (just look at how giant chunks of the spectrum chart belong to TV broadcasters). A big part of the move to digital TV was to force broadcasters to give up a chunk of wasted, valuable spectrum that can be turned into (among other things) some useful wireless services. TV broadcasters hate this and have been fighting it in a variety of ways.

The latest version of this plan is for the FCC to do a multi-part, multi-directional "auction" process for a chunk of spectrum currently held by the broadcasters. Part of that auction would be to offer incentives to broadcasters to cough up the spectrum. And then part of it would be auctioning off whatever spectrum broadcasters agree to dump. Finally, part of it would also include designating some portion of the spectrum for unlicensed uses.

All of this is ancient history. Really ancient history. So why is the Washington Post suddenly covering this? From the article, you'd be forgiven for thinking that this is all new and that the FCC has plans for some amazing free "super WiFi." Except that's not true. At all. Well, except the part that caught most people's attention: that this would be about offering "free internet service" across the country. That part is new. And that's because it's not true. You still need backhaul and service. It's just about freeing up the spectrum so that it can be used to provide service. The FCC isn't suddenly planning to get into the broadband service ISP business. Nor could they.

Think of it this way: just because WiFi exists, it does not mean that everyone suddenly has free internet access if they buy a WiFi router at their local Best Buy. Nope. They have to connect that to a service. Same thing with anything being talked about here. More spectrum may be freed up for "open" use -- meaning more things like WiFi -- but there will still be service providers offering services over it in some form or another. Could some of them offer "free" service? Possibly. Just like you might get "free" internet access from your neighbor with open WiFi, who pays for his connection. But that's not what anyone's really talking about.

However, if you could be forgiven for thinking that this was new and amazing (and true), I don't think the same forgiveness should be given to parts of the press who ate this story up. Business Insider (apparently, without any benefit from any actual "insider") wrote a breathless piece about telcos trying to stop the government from offering super WiFi. Except... no. Others, who should have known better yet still wrote about it, included Popular Science (awful) and Mashable.

Moving to the mainstream, newswire UPI picked up the story, taking some comments from FCC boss, Julius Genachowski, out of context. He was quoted in the Post piece as saying "Freeing up unlicensed spectrum is a vibrantly free-market approach that offers low barriers to entry to innovators developing the technologies of the future and benefits consumers." But the confusion is his use of "free." He's not talking "free service" but freeing the spectrum so that anyone can offer services, like WiFi, over it without having to buy a license.

Others similarly jumped on the story without understanding it at all. The Daily Caller talked about it as if it was some new plan, as did Fox. Similarly, you had ThinkProgress and Salon chiming in on the other side of the political spectrum.

Thankfully, some spoke up in response, but even then there's still some head-scratching about this whole thing.

Karl Bode, over at DSLReports, quickly questioned Kang about the whole story, and she claimed that the story was "motivated by the new comments to the FCC" from various players both in support and in opposition of the latest spectrum auction concerning "white spaces." But... again, the auction has been planned for a while -- and it's not really about "white spaces" but adding existing "white space rules" to some of the newly available spectrum (more below). There's really nothing new here, other than some comment filings about how this auction should go down, which add little to the discussion beyond what's been said already. It's the same players saying the same thing, but just in direct reference to the upcoming spectrum auction.

Jerry Brito, over at the Tech Liberation Front, digs into the details and suggests that this whole thing involves something of a comedy of errors, with massive confusion not just over what's been going on with TV white spaces, or the new comments, or the upcoming spectrum auction... but also with a completely different band of spectrum that Genachowski spoke about last month at CES.

Parsing Kang's story a little bit more since posting this, I've become even more confused. In her tweet she says she's talking about the white spaces in the incentive auction NPRM, but those couldn't possibly be used for a nationwide wireless network since they'd be low-power Part 15 type bands. Also, unlicensed in the 600 MHz guard bands are not Chairman Genachowski's design, they were allowed by Congress when they gave the FCC auction authority. So what is Kang referring to? Most likely it is the Chairman's initiative, announced at CES earlier this month, to clear 195 MHZ in the 5 GHz band to improve Wi-Fi.... Bottom line, I think Kang conflated two separate proceedings into one big non-story that made it past the Washington Post's editors all the way to the top left corner of the front page. I hope there is a correction tomorrow.

While this actually makes some sense, I don't think that's correct either. After all, the FCC's own summary of the upcoming incentive auctions makes it clear that it views "super WiFi" as a possible outcome from the television white spaces being unlicensed:

The FCC recently developed provisions for unlicensed devices to operate on TV channels that are not used at any given locations, called "white spaces." Interference is avoided by controlling access to the spectrum through a database of protected service areas. The white spaces in the TV spectrum offer an opportunity for a new generation of products such as Super Wi-Fi and wireless broadband services for communities, particularly in rural areas. In the incentive auction proceeding, the FCC proposes to make a substantial amount of additional spectrum available for unlicensed uses. First, the Commission proposes to continue allowing the operation of white space devices in the broadcast television spectrum in the newly repacked band. In addition, the FCC proposes to make the guard bands in the new band plan available for unlicensed use. Under the plan discussed above, the two proposed guard bands would be 6 MHz wide and could be larger when accounting for the addition of "remainder spectrum" resulting from the uneven division of 6 MHz wide television channels into 5 MHz blocks. Furthermore, the FCC proposes allowing unlicensed devices to operate for the first time on Channel 37 by establishing appropriate protections for existing operations in the white space database. Taken together, the FCC's proposals will enable a substantial amount of spectrum use by unlicensed devices. A significant portion of this spectrum will be available on a nationwide basis, which is important because there currently is little or no white space in the TV bands in parts of many major markets. In making these proposals, the FCC seeks to promote greater innovation in new products and services, including increased access for wireless broadband services across the country.

The confusion, I believe, is that the FCC is talking about two different types of spectrum in the above quote, though if you're not reading carefully, you might think that it's just about the spectrum they plan to be auctioning off. That's not the case. Much of the above is actually talking about the existing TV white space spectrum that has been fought over (which is generally in the 700 MHz realm -- 698 to 806 MHz). The new spectrum auction is in the 600 MHz block (572 to 698 MHz), but as part of the discussion on this new auction, the FCC is reminding people that (a) the existing TV white spaces will remain available for unlicensed use and (b) that the new auctions should, in theory, add additional open spectrum to them (under the same rules), specifically looking at freeing up channel 37 (608 to 614 MHz) (once called "the last empty channel"), as well as portions of the so-called "guard bands" between licensed spectrum chunks, that they would like to "add" to the existing white space rules, which are supposed to minimize (or eliminate) interference problems in the white space.

The "comments" that were given by various players are really just about how the auction should run, with some discussing how much space should be allocated to such unlicensed uses. In particular, many weighed in on how much should be allocated to the "guard bands" and whether they should be attached to existing TV white space rules for interference-avoiding open spectrum. Kevin Drum, over at Mother Jones, actually has one of the better explanations for the complexities of the upcoming auctions, and the issue of guard bands:

In short, because there's that first reverse auction in which broadcasters are supposed to be incentivized to cough up existing spectrum (again, which taxpayers gave them for free...), it's not entirely clear how much 600 MHz spectrum will be available to be auctioned off to anyone. Basically, they have these two chunks, starting at 608 MHz and counting down, and another at 698 MHz and counting down -- and the total amount available will depend on how much the broadcasters agree to cough up in the reverse auction. At the "bottom" of that range, the FCC has proposed a 6 MHz guard band for each of these chunks, and making much of that subject to the existing white space rules and hopefully allowing something useful to be done with that unlicensed spectrum, especially if it's combined with other available white space. The "guard bands" are called that, as they're supposed to "guard" between interference between licensed spectrum on either side, though there's a fair bit of debate over how much space is really needed to "guard" such interference. That argument leads to some suggesting that the FCC is offering up too much for the guard bands in an effort to get more unlicensed spectrum on the market.

The fight is over how much spectrum is used for unlicensed and how much for licensed. The telcos, like AT&T, want to limit the unlicensed spectrum, while internet companies, like Google, want as much of it as possible. Similarly, there are some in Congress who are against offering very much (if any) unlicensed spectrum, taking the really dumb short term view that any unlicensed spectrum (even if it leads to tax-creating innovations) is leaving money on the table, since telcos are expected to spend billions buying up any licensed spectrum available. Again, though, that's the same old story.

In short: there's an ongoing fight about how much spectrum in newly auctioned 600 MHz spectrum will be "unlicensed," which is important for some cool things. But, that's got little to do with a magic "free" nationwide internet service. This is important stuff, but the reporting by many folks has been abysmal.

from the join-in dept

Last week, over on our Step 2 discussion platform we kicked off a discussion on what an "innovation agenda" might look like for a US-politician for 2012. What kinds of regulatory changes should they be focused on? This effort, done in partnership with Engine Advocacy, has already kicked off a nice discussion over there with some interesting ideas being tossed around. If you haven't yet, please join in the discussion. I'm not surprised that copyright issues and open internet issues top the list of things most interesting to folks -- the SOPA/PIPA debate has pretty much guaranteed that. I am a little surprised that issues around helping skilled entrepreneurs -- the folks who create jobs -- was seen as less of an issue compared to some of the others on the list. Either way, the discussion is still going on there, and we'll be taking it further over the coming weeks and months, so feel free to join in.

from the make-a-statement dept

In the last few months it's become clear that it's no longer acceptable for politicians to "not get" the internet. The internet has become such a key part of our lives that anyone who is trying to regulate it without understanding it doesn't deserve to be in office. Of course, there are some politicians who really do want to do the right thing, and it's time to help them out. In association with Engine Advocacy, we're looking to do a little "crowdsourcing" around what an internet "Innovation Agenda" should look like for any politician in 2012. We're starting with this basic principle:

New businesses are the key to job creation and economic growth, and the Internet is one of the most fertile platforms for new businesses ever established.

We believe deeply in the value of decentralized, emergent, bottom-up innovation, and we want to shape public policies that will allow it to flourish.

From there, we have a list of twelve topics that we think are important -- but we want your input. So we've posted this same thing both here and over at our Step 2 discussion platform. Over at Step 2, we've also posted those initial twelve topics, with each one as a separate comment on the original post, so you can vote them up and down. If you want to really participate, please head on over to Step 2, where you can do three separate things (and, yes, your Techdirt login works there too):

Suggest your own topics that should be part of an innovation agenda by responding to the main post.

Vote on existing topics to show which ones are more important... and which ones are less important.

Comment on the existing topics to provide feedback or suggest ways to improve them.

Please help us shape a comprehensive Innovation Agenda for 2012. Engine Advocacy is working closely with the internet community and helping give them a voice in DC, and this is one way to take part, as your suggestions may help shape what politicians are hearing.

from the competition-is-good dept

LightSquared is a new wireless carrier that has been trying to launch a wholesale 4G network across the USA. Funded by private equity firm Harbinger Capital, it sought to re-purpose satellite communication frequencies to build a nationwide cellular-satellite hybrid network, and then re-sell the network capacity to other brands. In January 2011, the FCC, eager to foster new competitors in the mobile space, gave LightSquared the green light to launch using their spectrum with one provision - that their network equipment NOT interfere with GPS signals and devices. Well, over a year has come and gone, and despite incredible effort and wrangling, the independent testing keeps indicating that LightSquared's terrestrial towers are not compatible with GPS device use. As such, the FCC has basically rescinded LightSquared's request to launch service on their 1.5GHz L-Band spectrum.

Note that, while LightSquared DID knock out GPS devices, it was not LightSquared that transmitted on the GPS frequencies, but rather the GPS devices that sloppily "listen" to the adjacent LightSquared frequencies. The GPS chipsets were generally cheaply made with inadequate filtering. That said, who is at fault is irrelevant: it remains LightSquared's problem to solve if they want to launch their network. A long history of spectrum policy states that new entrants must not mess up the existing radio devices.

What we've lost here is the chance to have a truly innovative wireless carrier which would have stimulated competition, energized the vendor community, and provided a white-label network for MVNOs. LightSquared had, in fact, signed up dozens of partners who would offer LTE wireless services as cellular companies, CE makers, and store brands like Best Buy, for example, who could sell connectivity in a bundle with laptops. Maisie Ramsay over at Wireless Week explains how a vast community of over 30 technology vendors have also lost a valuable path to market.

What strikes me, as someone who works with wireless carriers (LightSquared included), is that we may lose one of the scrappiest players out there. And markets thrive when a scrappy player stirs up the pot. Hutchison Whampoa stirred up the UK markets when it launched 3G in 2003, Free is currently doing the same in France. In the USA, we have regional players like Metro PCS, but nothing at the national level. My role at the Telecom Council of Silicon Valley is right where innovators meet with the telcos, and it was gratifying to see the tornado of new ideas, vendors, and possibilities that came about with a new network. Without legacy systems nor legacy thinking, lots of great ideas are free to emerge.

For now, with LightSquared's options dwindling, we may have to have to look elsewhere for new competition and open creativity. The WiFi space is fairly promising, as the spread of hotspots continues to soar, and new versions (802.11ac) promise greater range and throughput. Chipsets are cheap, and billions of WiFi devices have been produced. Republic Wireless exemplifies the possibilities of leveraging WiFi in mobile phones to the limit. Lots of people are hoping that the "white spaces" frequencies in between TV channels will be offered up to a WiFi variant, which will mean low-frequency spectrum that penetrates walls and buildings much better than today's WiFi. I like what the US carriers have done with the (globally) early launch of LTE, but there's no doubt that with increased competition we'd have a more dynamic market.